Publications
Guidelines: What can you do if you are a victim of sexual harassment?
Victim’s Conduct or Perceived Reciprocity in Sexual Harassment Cases
Section 2 of the Employment Act 1955 provides the definition of “sexual harassment” as follows:
“Sexual harassment means any unwanted conduct of a sexual nature, whether verbal, non-verbal, visual, gestural or physical, directed at a person which is offensive or humiliating or is a threat to his well-being, arising out of and in the course of his employment.”
While the state of mind of the victim is a crucial factor in sexual harassment cases, the Industrial Court may also take the victim’s conduct into consideration in determining whether an employee’s dismissal was with just cause and excuse.
Can Employees Claim They Didn’t Know? Understanding Policy Awareness in Dismissal Cases
Generally, a failure to comply with an existing policy or Standard Operating Procedure (SOP) may be deemed as a serious misconduct which warrants a dismissal. However, in some instances, employees may claim that they were not aware of the policy or SOP. Can such a claim hold up in the Industrial Court? Can an employee avoid accountability by claiming ignorance of the policy or SOP?
The cases below highlight the Court’s views in respect of this issue. Please note that these views do not apply to all circumstances and should be considered on a case-by-case basis. That being said, we have also provided some guidelines that companies may adopt to prevent or rebut such claims in the Industrial Court.